Denver Legal Malpractice Attorney
While many attorneys are trustworthy and genuinely working to help, there are some who go about a case in an inappropriate or harmful way. As a citizen without a legal education, an attorney is the solution to legal issues and complications. They are meant to be extremely trustworthy and reliable figures.
However, sometimes working with an attorney does not go as planned. It can sometimes be unintentional, but it is still not right. If your attorney acted wrongfully toward you in any way, you may have the right to file a legal malpractice suit against them.
Knowing You Have a Case
The main thing you will need to do to be successful in a malpractice suit is prove that there was an attorney-client relationship between you and the attorney that you are accusing. This would mean that the attorney made a promise to you to treat your case with respect and provide you will effective and intelligent support and advice during the proceedings.
The most likely way you can show proof of this is by providing a contract that you both signed. However, some states allow a client’s belief that there was a relationship to be enough.
When taking a case, simply as identifying as an attorney, they are making a vow to offer the most education, skillful, and caring services. However, a Denver personal injury lawyer can never be certain of the result, so losing a case is not necessarily enough of a reason to claim they were negligent.
How to Succeed
To succeed in a malpractice suit, you must also show that you would have won your case if you had hired a different attorney who had acted correctly. It can be difficult to prove that a case could have been won through hypotheticals and conjecture. If it appears, even if your attorney was not as focused as she should be at times, you would still have lost your case, the judge will be less likely to rule in your favor. However, if you can find a way to show the judge that you would have won, it could significantly strengthen your case.
There are many ways someone can commit legal malpractice. The more common ones include failing to meet a deadline or follow other logistical standards, failing to file a claim within the statute of limitations, failure to communicate with the client, or abusing the client’s trust. This abuse in trust is often seen in financial means, when an attorney takes advantage of your money or commits fraud.
Other Forms of Legal Malpractice
Some other ways in which legal malpractice can be committed is if they do not know or apply a law. Attorneys should know most, if not all state laws, but if they do not know them, it is their responsibility to learn any laws that apply and utilize them effectively.
Another way is if your attorney knowingly ignores you or does not follow your instructions. The bottom line of any case is that everything is the client’s choice. If your attorney goes ahead with his or her own agenda and does not pay attention to your wishes, it is considered malpractice.
If you think you may have a case for legal malpractice, it is important to take the proper steps to ensure you receive the compensation you deserve. It is crucial to spot the different forms of legal malpractice and know the best ways to ensure success when proceeding with a legal malpractice case.